Leatherwood v. Hill

Citations

• 10 Ariz. 16
• 85 P. 405
• 1906 Ariz. LEXIS 87

Syllabus

<p>1. Statutes — Repeal—Re-Enactment—Laws Ariz. 1897, Act No. 53, and Laws Ariz. 1905, Act No. 69, Subd. 34, Construed. — Act No. 53, supra, “An act in relation to the Arizona Pioneers Historical Society,” was repealed by the legislature in 1901. Act No. 69, subd. 34, supra, providing that a certain sum be appropriated to be expended by the board of directors of the Arizona Pioneers Historical Society to enable it to carry on its work and duties in the manner provided for and set forth in act No. 53, supra, did not operate to re-enact act No. 53, supra, as the fact that the legislature, in tha belief that a corporation exists, makes an appropriation for it and provides how the appropriation shall be disbursed, cannot serve to revive the corporation if in fact it has ceased to exist.</p> <p>2. Constitutional Law — Special Law — Act op Congress, July 30, 1886, 1 Supp. Bev. Stats. 1874-1891, p. 503, c. 818, “Habeison Act,” and Laws Abie. 1897, Act No. 53, Construed. — If act No 53, supra, being “An act in relation to the Arizona Pioneers Historical Society,” making said society the trustee of the territory foi the expenditure of money received from the territory for the uses' and purposes provided by law, and conferring additional powers and privileges upon said society, is to be construed as an act reincorporating the society, it is a special law in a case where the general incorporation laws were applicable, and an act granting to a corporation a special franchise, so that in so far as it attempted to confer additional powers and duties on the society, it was in contravention of the provisions of the “Harrison Act,” supra, providing that the legislatures of territories shall not pass local or special laws “granting to any corporation . . . any special or exclusive privilege, immunity or franchise,” and that in all other eases where a general law can be made applicable, no special law shall be enacted.</p> <p>3. Statutes — Laws Aeiz. 1897, Act No. 53, Construed. — Act